HomeMy WebLinkAboutO-1058ORDINANCE NO. 1058
AN ORDINANCE AMENDING ORDINANCE NO. 557
KNOWN AS THE ZONING ORDINANCE TO ESTABLISH REGULATIONS
FOR COMMUNICATION TOWERS AND ANTENNAS PURSUANT TO THE
FEDERAL TELECOMMUNICATIONS ACT OF 1996
WHEREAS, The City of Fairhope, Alabama has recognized the need to establish
regulations governing communication towers and antennas in order to protect the
health, safety, and welfare of the public, and
WHEREAS, The City of Fairhope, Alabama wishes to protect residential
neighborhoods and land uses from the potential negative impacts of communication
towers and antennas, and
WHEREAS, The City of Fairhope, Alabama desires to minimize adverse visual
impacts of communication towers and antennas through careful siting, design, and
camouflaging techniques, co -location when possible, and
WHEREAS, The City of Fairhope, Alabama desires to protect property by ensuring
that construction of communications towers and antennas are sound, safe, and
professionally designed and constructed.
WHEREAS, The City of Fairhope, Alabama desires to have unsafe and no longer
used communication towers removed and dismantled.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE
ALABAMA, THAT:
The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August
1975, is hereby amended to read as follows:
That, Article 7, Special Provisions be amended to insert as Section 70.7
Regulations for Communication Towers and Antennas.
70.71 Definitions:
I
Antenna Suppo Structure - Means any building or other structure that
exceeds the hei�ht regulations for the zoning district in which it is located.
Camouflage - Means any communications tower or antennae which is
designed to minimize a visual impact and to blend into the surrounding
environment.
Telecommunication facilities - Means any cables, wires, lines, wave guides,
antennas, or any other equipment of facilities associated with the transmission
or reception of communication which a person seeks to locate or has installed
upon or near a telecommunication facility.
FAA - Means Federal Aviation Agency.
Tower - Means a self supporting lattice, guyed, or monopole structure from
grade which supports telecommunications facilities.
70.72 Exemptions
1) Any satellite earth station antenna that is 2 meters or less in
diameter in any area zoned industrial
2) Any satellite earth station one (1) meter or less in diameter
regardless of zoning district category.
3) Any communication tower or antennae that is owned and operated
by an amateur or any other entity that is non-profit.
70.73 Regulations for the Development of a Communication Tower or Antennae
Height Limit - No communications tower or antennae shall be
constructed more than 130 feet above average grade level on any
parcel or in any zoning district within the corporate limits of the City of
Fairhope.
Permitted Districts -
M2 - General Industrial District: A communications tower that
does not exceed 65 feet above average grade level is permitted
by right in the M2- General Industrial District. A tower greater
than 65 feet in height requires approval as a Special Exception
by the Zoning Board of Adjustment.
M1- Light Industrial: All communications towers in this district
require Special Exception approval by the Zoning Board of
Adjustment.
Prohibited Districts - A communication tower or antenna is
prohibited in all remaining zoning districts, not specifically and
expressly indicated in this ordinance.
Special Exceptions Required by the Zoning Board of Adjustment -
M2- General Industrial District: All towers greater than 65 feet
require approval by the Zoning Board of Adjustment.
M1- light Industrial District: All towers in this district require
approval by the Zoning Board of Adjustment.
Preservation of Historic Structure / Site / Districts - A communication
tower or antenna is prohibited within 300 feet of a registered historic
structure, site, or a historic district as established by the City of
Fairhope, Alabama; Baldwin County, Alabama; the State of Alabama; or
the Federal Government.
70.74 Collocation Requirements
All communication towers or antennae which are 65 feet or greater
above grade level shall be designed to maximize shared use to the
maximum extent structurally possible.
PAGE 2 ORD. 1058
70.75 Separation Requirements
All communication towers and antennae shall conform to the separation
distances listed in Table 7-1. An antenna that collocates on an existing
communication tower or antenna is exempt from this requirement.
Table 7-1
Separation Distance
Less than 65'
Between 65'-130'
1,000'
1,500 between
between
towers*
towers*
Distance is from property
line to property line
Maximum Number of Towers - There shall only be one (1)
communication tower or antenna structure allowed per lot of record.
Safety - A communications tower or antenna shall be located in such a
manner that if the structure should fail and fall along it's longest
dimension it will remain within property boundaries and avoid habitable
structures, publicly dedicated streets or alleys, utility lines, and other
towers or antennae.
70.76 Visual Impacts
Paint - All communications towers or antennae not requiring FAA
painting or marking shall have an exterior finish which is painted a dull
blue, gray, or black.
70.77 Landscaping
70.78 Noise
All communications towers or antennae shall conform to the
landscaping requirement of the zoning district it is located in.
No communications tower or antenna shall produce noise from
generators, air conditioners, or other machinery that impacts adjoining
property.
70.79 Illumination
No communication tower or antenna shall have illumination other than
that required by the FAA.
70.80 Signage
Advertising signs of any type are prohibited to locate on any
communication tower or antenna regardless of height.
PAGE 3 ORD. 1058
70.81 Fences
Any fences constructed on site shall conform to the fence regulations
for the City of Fairhope.
70.82 Access and Parking
Access - All communication towers or antennae shall provide a paved
(concrete or asphalt) driving surface constructed to City standards to
the site.
Parking - a communication tower or antenna site shall provide one (1)
paved (concrete or asphalt) parking space.
70.83 Structural Requirements
All towers must be designed and certified by a registered professional
engineer that states that the design and plans of the proposed project
meets the minimum requirements established in the approved building
code for the City of Fairhope and the structural requirements of this
section.
Steps - All towers shall provide steps for access for inspection and
maintenance purposes.
Wind Load - All communications towers and antennae shall provide
information relative to the wind load design.
Materials - All communications towers or antennae shall be constructed
of suitable metal that provides the necessary strength and rigidity to
meet the technical requirements established in this section.
Guy Wires - If guy wires are proposed, they must be on the same lot of
record as the communication tower or antennae and shall not cross,
bisect, or encroach upon any property not owned or leased by the
applicant.
Ground - All communication towers and antennae shall be permanently
and effectively grounded.
70.84 Building Permit Submittal
Building Permit Required - All communication tower and antennae
construction requires a Building Permit.
All Building Permits must furnish and provide the following information:
1) The name, address and telephone number of the owner and
lessee of the parcel of land which the tower is proposed. If the
applicant is not the owner a notarized letter of permission for
building permit application is required.
2) The legal description of the property.
3) The names and addressees of all property owners within 300
feet of the subject property.
PAGE 4 ORD. 1058
4) Written documentation describing efforts to collocate on
existing communication towers and/ or antennae. Written
documentation that describes why the applicant cannot
collocate.
5) Written documentation and signed, sealed engineering plans
certifying that the structure will withstand the technical loads set
forth in this ordinance.
6) Certification from a professional engineer that states that the
proposed structure is capable of providing space for other users.
7) Written documentation from the Federal Aviation Agency
approving the proposed communications tower or antenna.
70.85 Removal of Unsafe Communications Tower or Antenna
All towers and antennas shall be maintained in compliance with
standards contained in applicable building codes so as to ensure the
structural integrity of the towers. If upon inspection by the Building
Official the tower is determined not to comply with the code standards
or constitutes a danger to persons or property and the tower is not
made safe or removed within ninety (90) days of notification from the
City notifying the owner of the unsafe tower or antenna, the City may
remove the tower or antenna and place a lien upon the property for the
costs of the removal.
70.86 Abandoned Towers
Any tower or antenna that is not operated for any continuous period of
twelve (12) months shall be considered abandoned, and the owner of
such tower or antenna and the owner of the property where the tower
or antenna is located shall remove the tower or antenna within ninety
(90) days of notification from the City to remove the tower or antenna.
1) If the communication tower or antenna is not removed with the
notification time period, the City may remove the tower or antenna and
place a lien on the property for the cost of the removal.
2) If the owner of an abandoned communications tower or antenna
wishes to use the abandoned tower or antenna, the owner must first
apply for and receive all applicable permits and meet all of the
conditions of this article as if the tower or antenna were a new structure
and investment.
70.87 Appeal
Any applicant aggrieved by this ordinance has the legal right to appeal
administrative decisions to the Zoning Board of Adjustment. All appeals must
conform to the procedures established in the Zoning Ordinance of the City of
Fairhope and those prescribed in State Law.
PAGE 5 ORD. 1058
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2. Severability Clause
If any section, subsection, sentence, clause, or phrase of this ordinance
is for any reason held to be unconstitutional or otherwise invalid by a
court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance.
3. Effective Date
This ordinance shall be in full force upon its adoption and publication as
provided by law.
Adopted this 26th Day of July , 1999
Jam P. Nix, Mayor
Attest:
Geniece W. Johnsgp% City Clerk
PAGE 6 ORD. 1058
AFFIDAVIT:
This is to certify that the attached legal notice/advertisement
appeared in:
❑ The Baldwin Times, Bay Minette, AL
❑ The Bulletin, Daphne, AL
❑ The Fairhope Courier, Fairhope, AL
❑ The Independent, Robertsdale, AL
❑ The Onlooker, Foley, AL
❑ The Islander, Gulf Shores, AL
a weekly newspaper published in Baldwin County, Alabama
Weekend Edition (includes The Fairhope Courier, The
Onlooker,
The Islander, and The Bulletin)
Publication Date Cost: words/inches x rate
`I-3l I i�a X. Iln
TAL: $ r��, ' 5 4
/ Legal Ad Representative
Gina Lindell _
BILL TO: C a ' , Ca n
ATTN
P.O./File Number
FOR OFFICE USE ONLY
Paid ...................... Unpaid. .........
Account No. _� Q�I C-0
Gulf t Newspapers
P.O. Box 509
Robertsdale, AL 36567 ----
Phone (334) 947-7712
state of Alabama
County of Baldwin
Swom to and subscribed before me
this 171
day of
19
Notarj(Public, Baldwin County, Alabama
MY COMMISTON EXPIRES MAY 22, 2002
I
Page 10B, GULF COAST NEWSPAPERS, Saturday, July 31, 1999
Legal Noticed \ \\
Access - All communication towers or antennae shall provide a paved
(concrete or asphalt) driving surface constructed to City standards to
the site.
ORDINANCE NO. 1058
AN ORDINANCE AMENDING ORDINANCE NO. 557
KNOWN AS THE ZONING ORDINANCE TO ESTABLISH REGULATIONS
FQR COMMUNICATION TOWERS AND ANTENNAS PURSUANT TO THE
FEDERAL TELECOMMUNICATIONS ACT OF 1996
WHEREAS, The City of Fairhope. Alabama has recognized the need to establish
regulations governing communication towers and antennas in order to protect the
health, safety, and welfare of the public, and
WHEREAS, The City of Fairhope, Alabama wishes to protect residential
neighborhoods and land uses from the potential negative impacts of communication
towers and antennas, and
WHEREAS, The City of Fairhope, Alabama desires to minimize adverse visual
impacts of communication towers and antennas through careful siting, design, and
camouflaging techniques, co -location when possible, and
WHEREAS, The City of Fairhope, Alabama desires to protect property by ensuring
that construction of communications towers and antennas are sound, safe, and
professionally designed and constructed.
WHEREAS, The City of Fairhope, Alabama desires to have unsafe and no longer
used communication towers removed and dismantled.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE
ALABAMA, THAT:
1. The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August
1975, Is hereby amended to read as follows:
That, Article 7, Special Provisions be amended to insert as Section 70.7
Regulations for Co 1i""Ication Towers and Antennas.
70.71 Definitions:
Antenna Suppo Structure - Means any building or other structure that
exceeds the hei ht regulations for the zoning district in which it is located.
Camouflage - Means any communications tower or antennae which is
designed to minimize a visual Impact and to blend into the surrounding
environment.
Telecommunication facilities - Means any cables, wires, lines, wave guides,
antennas, or any other equipment of facilities associated with the transmission
or reception of communication which a person seeks to locate or has installed
upon or near a telecommunication facility.
FAA - Means Federal Aviation Agency.
Tower - Means a self supporting lattice, guyed, or monopole structure from
grade which supports telecommunications facilities.
70.72 Exemptions
1) Any satellite earth station antenna that is 2 meters or less in
diameter in any area zoned industrial
2) Any satellite earth station one (1) meter or less in diameter
regardless of zoning district category.
3) Any communication tower or antennae that is owned and operated
by an amateur or any other entity that is non-profit.
70.73 Regulations for the Development of a Communication Tower or Antennae
Height Limit - No communications tower or antennae shall be
constructed more than 130 feet above average grade level on any
parcel or in any zoning district within the corporate limits of the City of
Fairhope.
Permitted Districts -
M2 - General Industrial District: A communications tower that
does not exceed 65 feet above average grade level is permitted
by right in the M2- General Industrial District. A tower greater
than 65 feet in height requires approval as a Special Exception
by the Zoning Board of Adjustment.
M 1 - Light Industrial: All communications towers in this district
require Special Exception approval by the Zoning Board of
Adjustment.
Prohibited Districts - A communication lower or antenna is
prohibited in all remaining zoning districts, not specifically and
expressly Indicated in this ordinance.
Special Exceptions Required by the Zoning Board of Adjustment -
M2- General Industrial District: All towers greater than 65 feet
require approval by the Zoning Board of Adjustment.
Ml- light Industrial District: All towers in this district require
approval by the Zoning Board of Adjustment.
Preservation of Historic Structure / Site / Districts - A communication
tower or antenna Is prohibited within 300 feet of a registered historic
structure, site, or a historic district as established by the City of
Fairhope, Alabama; Baldwin County, Alabama; the Stale of Alabama; or
the Federal Government.
70.74 Collocation Requirements
Parking - a communication tower or antenna site shall provide one (1)
paved (concrete or asphalt) parking space.
70.83 Structural Requirements
All towers must be designed and certified by a registered professional s
engineer that states that the design and plans of the proposed project
meets the minimum requirements established in the approved building
code for the City of Fairhope and the structural requirements of this
section.
Steps - All towers shall provide steps for access for Inspection and
maintenance purposes.
Wind Load - All communications towers and antennae shall provide
information relative to the wind load design.
Materials - All communications towers or antennae shall be constructed
of suitable metal that provides the necessary strength and rigidity to
meet the technical requirements established In this section.
Guy Wires - If guy wires are proposed, they must be on the same lot of
record as the communication tower or antennae and shall not cross, .
bisect, or encroach upon any property not owned or leased by the t
applicant.
Ground - All communication towers and antennae shall be permanently
and effectively grounded.
70.84 Building Permit Submittal
Building Permit Required - All communication tower and antennae
construction requires a Building Permit.
All Building Permits must furnish and provide the following information:
1) The name, address and telephone number of the owner ands
lessee of the parcel of land which the tower is proposed. If the
applicant is not the owner a notarized letter of permission for
building permit application is required.
2) The legal description of the property.
3) The names and addressees of all property owners within 30 --
feet of the subject property.
4) Written documentation describing efforts to collocate on
existing communication towers and/ or antennae. Written
documentation that describes why the applicant cannot
collocate.
5) Written documentation and signed, sealed engineering plans
certifying that the structure will withstand the technical loads set
forth in this ordinance.
6) Certification from a professional engineer that states that the
proposed structure is capable of providing space for other users.
7) Written documentation from the Federal Aviation Agency
approving the proposed communications tower or antenna.
70.85 Removal of Unsafe Communications Tower or Antenna
All towers and antennas shall be maintained in compliance with
standards contained in applicable building codes so as to ensure the
structural integrity of the towers. If upon inspection by the Building
Official the tower is determined not to comply with the code standards
or constitutes a danger to persons or property and the tower is not
made safe or removed within ninety (90) days of notification from the
City notifying the owner of the unsafe tower or antenna, the City may
remove the tower or antenna and place a lien upon the property for the
costs of the removal.
70.86 Abandoned Towers
Any tower or antenna that is not operated for any continuous period of
twelve (12) months shall be considered abandoned, and the owner of
such tower or antenna and the owner of the property where the tower
or antenna is located shall remove the tower or antenna within ninety
(90) days of notification from the City to remove the tower or antenna.
1) If the communication tower or antenna is not removed with the
notification time period, the City may remove the tower or antenna and
place a lien on the property for the cost of the removal.
2) If the owner of an abandoned communications tower or antenna
wishes to use the abandoned tower or antenna, the owner must first
apply for and receive all applicable permits and meet all of the
conditions of this article as if the tower or antenna were a new structure
and Investment.
70.87 Appeal
- Any applicant aggrieved by this ordinance has the legal right to appeal
administrative decisions to the Zoning Board of Adjustment. All appeals must
conform to the procedures established in the Zoning Ordinance of the City of
Fairhope and those prescribed in State Law.
2. Severability Clause
If any section, subsection, sentence, clause, or phrase of this ordinance
Is for any reason held to be unconstitutional or otherwise invalid by a
court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance.
0 3. Effective Date
All communication towers or antennae which are 65 feet or greater
above grade level shall be designed to maximize shared use to the
maximum extent structurally possible.
1
70.75 Separation Requirements I
All communication towers and antennae shall conform to the separation
distances listed in Table 7-1. An antenna that collocates on an existing
communication tower or antenna is exempt from this requirement.
Table 7-1
Separation Distance
Less than 65'
Between 65'-130'
1.000,
1,500 between
between
lowers'
towers'
Distance Is from property
line to property line
Maximum Number of Towers - There shall only be one (1)
communication tower or antenna structure allowed per lot of record.
Safety - A communications tower or antenna shall be located in such a
manner that if the structure should fail and fall along it's longest
dimension it will remain within property boundaries and avoid habitable
structures, publicly dedicated streets or alleys, utility lines, and other
towers or antennae.
70.76 Visual Impacts
Paint - All communications towers or antennae not requiring FAA
painting or marking shall have an exterior finish which is painted a dull
blue, gray, or black.
70.77 Landscaping
All communications towers or antennae shall conform to the
landscaping requirement of the zoning district it is located in.
70.78 Noise
No communications tower or antenna shall produce noise from
generators, air conditioners, or other machinery that impacts adjoining
property.
70.79 Illumination
No communication tower or antenna shall have illumination other than
that required by the FAA.
70.80 Signage
Advertising signs of any type are prohibited to locate on any
communication tower or antenna regardless of height.
70.81 Fences
Any fences constructed on site shall conform to the fence regulations
for the City of Fairhope. "
70.82 Access and Parking
1 4
This ordinance shall be in full force upon its adoption and publication as
provided by law.
Adopted this 26' Day of July , 1999
11 .0. , i
GULF COAST NEWSPAPERS, Saturday, July 31, 1999, Page 913
eaal Notices
THE CIRCUIT COURT
BALDWIN COUNTY,
ALABAMA
CASE NO. CV-99-570
BETTY SEGO ET AL.,
Plalfitiff,
vs.
:ATHERINE CURENTON,
Defendant.
pTICE OF LEGAL ACTION
`ATHERINE CURENTON,
,3e whereabouts are
iknown, must answer BE-
rY SEGO's Complaint by
a 20th day of September,
or thereafter, a judg-
ant of default may be ran -
red against her in Case
). CV-99-570, in the Circuit
art of Baldwin County,
abama.
Done this the 16th day of
1y,1999.
Jackie N. Calhoun
d Circuit Clerk
nd answer to:
ARLES AMOS
torney for Plaintiffs
63 West Main Street
'han, AL 36301
C-7.31;8-7-14.21
N THE PROBATE COURT
IF JEFFERSON COUNTY,
ALABAMA
CASE NUMBER: 166521
IN THE MATTER OF
THE ADOPTION OF:
MANDA LYNN JOHNSON
PUBLICATION ON
ADOPTION
IS UNKNOWN
You will take notice that a
etlbrn for the Adoption of
manda Lynn Johnson, born
Sherry Lynn Brand, was
1,,1.t,rh,,d
ed pP the 22nd day of
tl%1999, alleging that the
entity of the natural parent
said minor child is purpor-
t to be Joseph Barry
ohlson, and is unknown or
as not been disclosed to
he Court, and whose re-
ionship of said unknown
undisclosed natural par-
t to the aforesaid minor
is that of the natural
^;they The minor child's
(date of birth is July 3,1993.
Please be advised that
should you intent to contest
this adoption, you must file a
written response within
thirty (30) days of the date of
the last publication herein,
with Bobby J. Hornsby, at-
torney at law, whose name
and address is shown below,
and with the Clerk of the
Probate Court of Jefferson
County, Alabama, Court-
house, Birmingham, AL
35263-0068.
Done this day of 1999
Michael k. Bolin
Judgge of Probate
BOBBY J.HORNSBY
Attorney at Law
2010 Old Springville Road
Birmingham, AL 35215
C-7-10-17-24-31
IN THE PROBATE COURT
OF BALDWIN COUNTY,
ALABAMA
CASE NO. 17,532
IN RE: ESTATE OF
ESTHER C. HARRIS
DECEASED
TO: ALLEN RUSSELL
FOSTER
This day came AMSOUTH
BANK as Personal Rep-
resentative of the Estate of
ESTHER C. HARRIS,
Deceased, and files its peti-
tion for final settlement of
said Estate.
It is ORDERED that the
18th day of August 1991 at
11:00 a.m., If�f TPE FAIR -
HOPE SATELLITE COURT-
HOUSE, be, and the same
hereby is, appointed as the
day and time on which to
make such settlement, at
which time you can appear
and contest the said settle-
ment, if you think proper.
WITNESS my hand this
15th day of July 1999. T Adrian T. Johns
Judga of Probate
DANIEL A. BENTON
Attorney at Law
Post Office Box 471
Fairhope, AL 36533
C-7-24-31;8-7
IN THE SMALL CLAIMS
COURT OF
BALDWIN COUNTY,
ALABAMA
CASE NO. SM 98 463
BALDWIN COUNTY
EASTERN SHORE
HOSPITAL BOARD, INC
d/h/a THOMAS HOSPITAL
Plaintiff,
vs.
TAMMY VAZQUEZ DEPIRRO
Defendant.
NOTICE OF
PUBLICATION TO:
1MMY VAZQUEZ DEPIRRO
8107THREE RIVERS RD
SEMINOLE, AL 36574
ou are hereby notified
the above -styled action,
in g monies due the
tiff in the total amount
754.52, plus accrued In.
and costs was filed
at you in the Small
IS Court of Baldwin
August, 1999 at 9:00 o'clock
a.m. has been set for the
hearing thereof at the Office
of the Baldwin County
Commission. The name and
exact location of the busl-
ness being S & S Mart # 2
and S & S Package ##2, 13530
Greeno Road, Fairhope, Al.
Any interested person may
appear at said time and place
and be heard either in sup-
port of or in opposition to the
granting of such appproval.
C-7-31;8-7.14
Notice of Appointment
to be Published
PROBATECOURT
ESTATE OF
LOUISE ADAMS MATHEWS
Letters Testamentary on
the estate of said deceased
having been granted to the
undersigned on the 7th day
of July, 1999, by the Honora-
ble Adrian T. Johns, Judge
of the Probate Court of
Baldwin County, notice is
hereby given that all persons
having claims against said
estate are hereby required to
present the same within time
allowed by law or the same
will be barred.
THOMAS FRANKLIN
MATHEWS JR.
Personal Representative
WILLIAM HENRY AGEE
Attorney at Law
P.O. Box 400
Winchester, TN 37398
C-7-17-24.31
Notice of Appointment
to be Published
PROBATE COURT
ESTATE OF
ROBERTHORACE
Letters of Administration
on the estate of said
deceased having been.gran-
led to the undersigned on
the 2nd day of July, 1999, by
the Honorable Adrian T
Johns, Judge of the Probate
Court of Baldwin County, no-
tice is hereby given that all
persons having claims
against said estate are
hereby required to present
the same within time allowed
by law or the same will be
barred.
ORA MCREYNOLDS
Personal Representative
ROBERT B. W. MCLAUGH-
LIN
Pittman Pittman,
Carwis i Fuquay
Post Office Box 40278
Mobile, AL 36640
C-7-17-24-31
Notice of Appointment
to be Published
PROBATE COURT
ESTATE OF
DAISY WALLACE KENNEDY
Letters. Testamentary on
the estate of said deceased
having been granted to the
undersigned on the 12th day
of July, 1999, by the Honora-
ble Adrian T. Johns, Judge
of the Probate Court of
Baldwin County, notice is
hereby given that all persons
having claims against said
estate are hereby required to
present the same within time
allowed by law or the same
will be barred.
CHARLES FRANCIS
KENNEDYJR.
Personal Representative
RON E. KOPESKY
Attorney at Law
Post Office Box 1138
Falrhope, AL 36533
C-7-17-24-31
Notice of Appointment
to be Published
PROBATE COURT
ESTATE OF
HUGHTHOMAS
LAWSON JR.
Letters of Administration
on the estate of said
deceased having been gran-
ted to the undersigned on
the 13th day of July, 1999, byy
the Honorable Adrian T.
Johns, Judge of the Probate
Court of Baldwin County, no-
tice is hereby given that all
persons having claims
against said estate are
hereby required to present
the same within time allowed
by law or the same will be
barred.
KATE NOBIS LAWSON
Personal Representative
A. CARSON I. NICOLSON
Miller, Hamilton,
Snider & Odom, L.L.C.
Post Office Box 46
Mobile, AL 36601
C-7-24-31;8-7
Notice of Appointment
to be Published
PROBATE COURT
ESTATE OF
WILLIAM MILTON NICKEY
Letters Testamentary on
the estate of said deceased
having been granted to the
undersigned on the 16th day
of July, 1999 b , the Honora-
ble Adrian lr Johns, Judge
of the Probate Court of
Baldwin County, notice is
hereby given that all persons
having claims against said
estate are hereby, required to
present the same within time
allowed by law or the same
will be barred.
GARY L. CHAPIN
Personal Representative
MARION E. WYNNE
Wilkins, Bankester,
Giles & Wynne
Post Office Box 1367
Falrhope, AL 36533
WHEREAS, a map of said
property is attached to said
petition as an exhibit; NOW,
THEREFORE
BE IT ORDAINED BY THE
GOVERNING BODY OF THE
CITY OF FAIRHOPE, ALA-
BAMA, that the following de-
scribed property, lying con-
tiguous to the corporate II-
mits of the City of Fairhope,
Alabama; and not within the
corporate limits or the police
jurisdiction of any other
municipality; be and the
same is hereby annexed to
the City of Falrhope, Ala-
bama, to -wit:
Property is located at
19432 Ingleside Street
LEGAL DESCRIPTION: 99'
x 180' (S) IRR BEG APP 198'
S&25'EofNWCorner ofNE
of SE TH E 415'(S) TH E 415'
(S) 99' W 55' (S) N 55' (S) W
165' (S) S 55' (S) W 180' (S) N
99' to POB P113 P466-67.
(Al Acres more or less)
BE IT ORDAINED that this
propertwill be zoned R-1
Low Density Single -Family
Residential District; and,
BE IT FURTHER OR-
DAINED that a certified copy
of this Ordinance, with a
copy of the Petition and ex-
hibit, be recorded In the Of-
fice of the Probate Judge,
Baldwin County, Alabama.
This ordinance shall take
effect Immediately upon Its
due adoption and pub-
lication as provided by law.
ADOPTED THIS 26TH DAY
OF JULY 1999.
Attest: James P. Nix, Mayor
Geniece W. Johnson,
City Clerk
C-7-31
ORDINANCE NO. 1060
WHEREAS, VANDY DALE
JR. AND ROSA DALE the
owners of the hereinafter
described property, did, In
writing, petition the City of
Fairhope, a municipal cor-
poration, for annexation
under Section 11-42-21 of
the Code of Alabama, 1975,
as amended- and
WHEREASt, a map of said
proppeerty is attached to said
petition as an exhibit; NOW,
THEREFORE
BE IT ORDAINED BY THE
GOVERNING BODY OF THE
CITY OF FAIRHOPE, ALA-
BAMA, that the following de-
scribed property, lying Con-
tiguous to the corporate li-
mns of the City of Falrhope,
Alabama; and not within the
corporate limits or the police
jurisdiction of any other
municipality; be and the
same is hereby annexed to
the City of Fairhope, Ala-
bama, to -wit:
Property is located at
19374 Ingleside Street
LEGAL DESCRIPTION:
From the Northwest corner
of the Northeast Quarter (1/4),
of the Southeast Quarter
V), of Section 20, Township
South, Range 2 East,
Baldwin County, Alabama,
and as recorded In Deed
Book 113, Page 466-7 of
Baldwin County Probate Re-
cords; run thence South 297
feet to a Point in center line
of a dirt settlement road; run
thence East 15 feet to the
East Margin of said Road;
continue thence East 193.6
feet to an Iron pipe and the
Point of Begginning; run
thence North 55 fast to an
Iron pipe; run thence East
165 fast to an Iron pipe; run
thence South 55 feet to an
Iron pipe; run thence West
165 feet to an iron pipe; and
the Point of Beginning, and
containing 9,075 square feet,
or.21 acres more or toss.
BE IT ORDAINED that this
property will be zoned R-1
Low Density Single -Family
Residential District; and,
BE IT FURTHER OR-
DAINED that a certified copy
of this Ordinance, with a
copy of the Petition and ex-
hibit, be recorded In the Of-
fice of the Probate Judge,
Baldwin County, Alabama.
This ordinance shall take
effect Immediately upon its
due adoption and pub-
lication as provided by law.
ADOPTED THIS 26TH DAY
OF JULY 1999.
Attest: James P. Nix, Mayor
Geniece W. Johnson,
City Clerk
C-7-31
ORDINANCE NO.1061
AN ORDINANCE TO AMEND
CODE OF ORDINANCE
AMENDING ORDINANCE
NO.953
WATER RATES OUT -CITY
GENERAL SERVICE LIMITS
AND SEWER RATES
RESIDENTIAL
OUT -CITY LIMITS
BE IT ORDAINED BY THE
GOVERNING BODY OF THE
CITY OF FAIRHOPE, ALA-
BAMA as follows:
All other sections shall
remain the same.
SECTION 21-38. Rate
schedule, generally.
Phase Two, amended por-
tion effective on the first Au-
gust, 1999, billing cycle.
S2 Commercial Out City
Service change (minimum)
per customer $7.00, plus
sidered, and show, if any-
thing you have to allege, why
said paper writing should
not be admitted to Probate
and Record, as the true Last
Will and Testament of said
decedent.
Adrian T. Johns
Judge of Probate
JOHN V. DUCK
Duck and Calhoun
Post Office Box 1188
Fairhope, AL 36533
C-7-31;8-7-14
IN THE CIRCUIT COURT
OF BALDWIN COUNTY,
ALABAMA
CASE NO. CV 99-495
TOM NORTON JR., P.C.,
VS.
ROBERT DALE RANDALL,
DEFENDANT,
NOTICE BY PUBLICATION
ROBERT DALE RANDALL,
Defendant named above
whose whereabouts are
unknown, must answer Tom
Norton Jr. P.C.'s Petition for
Complaint by Sept. 13, 1999,
or thereafter, a judgment by
default may be rendered
aggainst him in Case No. CV
99-495, Circuit Court of
Baldwin County, Alabama.
Done this the 9th day of
July, 1999.
Jackie N. Calhoun
Circuit Clerk
Timothy D. Garner
Attorney for Plaintiff
P. O. Box 3304
Gulf Shores, AL 36547
1-7-24-31;8-7-14
LEGAL NOTICE
Hosea O. Weaver & Sons,
Inc., hereby gives notice of
completion of contract with
the City of Gulf Shores for
construction of Project No.
94-1.3-01-0090.1398 in
Baldwin County. This notice
will appear for four consecu-
tive weeks beginning on
7-31.99 and ending on
8-21-99. All claims should be
filed at P. O. Box 8039, Mo-
bile, AL 36689-0039 during
this period.
Hosea 0. Weaver
& Sons, Inc.
1-7-31;8-7-14-21
Notice of Appointment
to be Published
PROBATE COURT
ESTATE OF
MARGARET MAXINE PERRY
Letters Testamentary on
the estate of said deceased
having been granted to the
undersigned on the 27th day
of July, 1999 by, the Honora-
ble Adrian �. Johns, Judge
of the Probate Court of
Baldwin County, notice is
hereby given that all persons
having claims against said
estate are hereby requirad to
present the same within time
allowed by law or the same
will be barred.
JULIE ANN
MAXWELL WINKER
Personal Representative
JULE R. HERBERT JR.
Attorney at Law
Post Office Drawer 3889
Gulf Shores, AL 36547
1-7-31;8-7-14
NOTICE OF SALE
On this dayy, Monday, July
26, 1099 at 10 a.m., the con-
tents of the following stor-
age unit will be offered for
public sale.
Unit C33, Location: 25856
Canal Road, Orange Beach,
AL.
1-7-24
STATE OF ALABAMA
COUNTY OF BALDWIN
VENDOR'S LIEN
FORECLOSURE NOTICE
Default having been made In
the payment of the indeb-
tedness secured by that cer-
tain vendor's lion retained In
deed from CAROL E. WEEKS
to MARK STEWART, dated
May 4, 1998, said vendor's
lien being recorded in the Of-
fice of the Judge of Probate
of Baldwin County, Alabama,
In Real Property Book 824 at
Page 1034, the undersigned,
CAROL E. WEEKS, under
and by virtue of the power of
sale contained in said ven-
dor's Ilan will sell at public
outcry to the highest bidder
for cash in front of the
Courthouse (main entrance)
of the Baldwin County
Courthouse, Bay Minette,
Alabama, on August 11,
1999, during the legal hours
of sale, the following de-
scribed real estate situated
In Baldwin County, Alabama,
to -wit:
Commencing at the North-
east corner of Section 4,
Township 8 South, Range 3
East, Baldwin County, Ala-
bama; thence South 00° 00'
00" East 474.40 feet; thence
North 89° 57' 18" West 40.00
febt to the West right-of-way
of County Road No. 49 and
the Point of Beginning of the
p rcel herein described;
t ante South 001 00' 00"
East 449.28 feet along said
r 1hi-of-way; thence North
° 57' 18" West 1458.03
ft et; thence North 00100' 00"
Eiast 449.28 feet; thence
outh 89° 57' 18" East
1 458.03 feet to said right-of-
ii and the Point of Begin-
ing
LESS AND EXCEPT the to[ -
wing described property:
Being a parcel of land
in gg in the NE 1/4 of Section
T-B-S, R-3-E, Baldwin
Runty, Alabama and also
Bing more particularly de-
cribed as follows: Com-
encing at the NE corner of
aid Section 4, thence South
0-00-00 East, 474.40 feet;
once North 89-57-18 West,
0 feet to the West right of
ay of Baldwin County Road
o. 49; thence South
-00-00 East, along said
ght of way 224.78 feet; to
e point of beginning of the
rcol heroin described;
ante continuing South
-00-00 East, al on said
ht of way, 224.50 feet;
once North 89-57-18 West,
1.00 feet; thence North
-00-00 East 224.50 feet;
nee South 89-57.18 East
1.00 feet to the point of
ginning of the parcel
rain described and con-
ning 1.5 acres of land
to or less.
his sale is made for the
ose of paying the indeb-
ness secured by said
dor's lien, as well as the
rges as provided therein
expenses of foreclosure,
lading a reasonable at-
e y's fee. The con-
ance to the purchaser
11 be by statutory war-
ty deed, subject to all sta-
ry rights of redemption
further subject to any
all easements, encum-
nces, exceptions and
rtgages of record in the
ce of the Judge of Pro-
, Baldwin County, Ala-
CAROLE.WEEKS
Lienholder
By: G. DAVID
CHAP AN III, P.C.
Attorney for Lienholder
Post Office Box 1508
Gulf Shores, AL 36547
1-7.24-31;8-7
Less described In and
ured by that certain
rtgage executed to
JTHTRUST BANK OF
;BAMA. NATIONAL AS-
SOCIATION, the name of
which has subs•yyu•ntlyy
been ohang•d to SOUTHT-
RUST BANK, NATIONAL
ASSOCIATION, on the 29th
day of March, 1995, by DA-
VID M. FORBES AND SYLVIA
E. FORBES, husband and.
wife, and recorded in Real
Propperty Book 0622, Peg
•
0308, of the Probate Records
of Baldwin County Alabama;
and the undersigned, as
mortgaggso having declared
the •ntirs indebtedness due
and payable in accordance
with the terms and condi-
tions of said mortgaga, no-
tice Is hereby given that the
undersigned, under and by
virtue of the powers con-
tained in said mortgage, will
sell at Public outcry for cash
to the highest bidder during
the legal hours of sale on the
20th day of August, 1999, at
the main entrance of the
Courthouse of Baldwin
County, in Bay Minette, Ala-
bama, the following de-
scribed real properly lying
and being situated in the
County of Baldwin, State of
Alabama, to -wit:
A parcel of land lying in
the Southeast quarter of tha
Southwest Quarter of Soc-
tion 36, Township 6 South,
Range 3 East, Baldwin
County, Alabama, being
more particularly described
as follows: Commenclng at
the Southwest corner of the
Southeast Quarter of the
Southwest Quarter of said
Section 36, thence North 00
degrees 14 minutes 32 sec-
onds East 40 feet to an Iron
set for corner of the North
right of way of Baldwin
County Road 32 same being
the point of beginning of the
parcel herein described;
thence continue North 00
degrees 14 minutes 32 sec-
onds East, 792.01 test to an
iron set for a corner; thence
continue North 90 degrees
00 minutes 00 seconds East,
660 fast to an iron set for
corner; thence South 00 de-
9rees 14 minutes 32 seconds
at, 792.01 feet to an Iron
set corner of said North right
of way; thence North 90 de-
grees 00 minutes 00 seconds
West along said North right
of way, 660 test back to the
point of beginning of the
parcel herein described.
Less and except the fol-
lowing described parcel.
Commencing at an Iron
rod and cap in the pavement
County Road f#32 and lo-
cated at the S.W. corner of
the S.E. 4/4 of the S. W. 1/4 of
Section 36, T-6-S, R-3-E,
Baldwin County, Alabama,
thence N. 00° 17' 43" E.
along the West line of said
S.E. 1/4 for 40.00' to the North
R/W line of said County Road
#t32; thence N 89, 55' 44" E.
along said North R/W line
(being parallel with and 40.0'
North of the South line of
said Section) for a distance
of 567.91' to an iron rod and
cap marked 818393 and
Point of Beginning; thence
N. 00° 14' 17' W. for 792.08'
to an Iron rod and cap mar-
ked ##18393; thence N. 89° 55'
44" E, for 110.00' to an Iron
rod and cap marked #18393
on the North R/W line of said
Countyy Road tM32; thence S
89° 55' 44" W along said
North R/W line for 110.00' to
the P.O.B.
Said property will be sold
on an 'as is, where is"
basis, both as to condition of
the property and Improve-
ments thereon and as to the
title thereto. Without in any
way limiting the foregoing,
said property will be sold:
subject to any easements,
encumbrances and excep-
tions contained, recited or
referred to in said mortgage,
those contained in the re-
cords of the office of the
Judge of Probate where the
above -described property is
situated or other records re-
lative thereto; subject to all
matters that would appear by
virtue of an examination,
survey or Inspection of the
property; without warranty
or recourse, expressed or
Implied, as to title, use
and/or enjoyment; and sub-
ject to the rights of redemp-
tion of all parties entitled
thereto. Said sale is made for
the purpose of paying the
indebtedness securer) by
said mortgage and charges
as provided therein and the
expense Incident thereto, In-
cludin� a reasonable attor-
ney's L.
SOUTHTRUST BANK
NATIONAL ASSOCIATION
Mortgages
D. CHARLES HOLTZ
Attorney for Mortggages
Post Office Box 324
Mobile, Alabama 36601-0324
(334)431.6700
0-7-31;8-7-14
IN THE CIRCUIT COURT
OF BALDWIN COUNTY,
ALABAMA
CASE NUMBER
DR-96-525.01
PINO LO PORTO
VS.
PATRICIA LO PORTO
NOTICE OF GARNISHMENT
Notice is hereby given to
PINO LO PORTO, whose
whereabouts is unknown,
and whose last known ad-
dress is Post Office Box
1006, Fairhope, Alabama,
36533, that a garnishment
has been filed to collect
money or properly belong-
Ing to PINO LO PORTO and
in the ppoossession of Ronnie
Fairchild, Fairchild Motor
Company, 2677 Government
Boulevard, Mobile, Alabama
36606. Said garnishment is
to collect a judgment for
back child support in the
amount of $8,514.40.
L. P. SUTLEY
OFCOUNSEL:
MURCHISON & SUTLEY
Attorneys at Law
Post Office Drawer 1320
Foley, Alabama 36536
334-943-1579
0-7-10-17-24-31
NOTICE OF FORECLOSURE
WHEREAS, The Seascape
Condominium Owners As-
sociation, Inc., an Alabama
corporation has made a
claim of lien upon the follow-
ing property (the land and
any improvements thereon),
situated in Baldwin County,
Alabama, to -wit:
Unit No. 107 of Seascape
Condominium, according to
Condominium documents of
record, as follows (all record-
ing references being to the
official records on file in the
Office of Probate, Baldwin
County, Alabama); Declara-
tion of Condominium and
By -Laws of Seascape Con-
dominium dated Dec. 27,
1983, and recorded Dec. 28,
1983, in Miscellaneous Book
47, pages 1562-1620, as the
same were amended by
Amendment No. one thereto
dated July 19, 1984, and re-
corded that day in Misc.
Book 50, pages 670.672, as
such condominium is further
defined by the Engineer's
Certification Drawings of
Seascape Condominium
filed July 10, 1984, in Apart-
ment Book 8, pages 123.136,
defining Seascape Condo-
minium as existing on that
date, generally and Apart-
ment Book 8, page 127, de-
fining the above named unit
thereof, specifically;
Together with an undivided
interest in the common ele-
ments of Seascape Condo-
minium; Subject to the Arti-
cles of Incorporation of
Seascape Condominium
Owners Association, Inc.,
dated Dec. 27, 1983, and re-
corded Dec. 28, 1983, in
Misc. Book 47, pages
1589-1604, and all rules and
reggulations promulgated
.tutor pursuant thereto or
pursuant to the Declaration
of Condominium or By -Laws
of Seascape Condominium.
Less and Except such oil,
gas, and other mineral inter-
ests and all rights and pprivi-
Isgss in connection there-
with a9 may have been re-
served or conveyed by prior
owners, If any.
Subject to the following:
Reservations, restrictions,
easements, options, coven-
ants, and agreements incor-
porated by reference in the
Declaration of Condominium
of Seascape Condominium
and in the related By -Laws
and Articles of Incorporation
of the condominium and Its
Owner's Association and
Drawings and Amendments
thereto, recorded as above
described.
Reservation of pedestrian
easement as contained in
deed from Noel M. Turner
and Junta N. Turner to L. A.
Brock dated September 2,
1949, and recorded in Deed
Book 146, page 295 and in
dead from Lewis A. Brock
and Aubrey C. Brock to
James Thomson dated Sep-
tember 8, 1949, and recorded
In Dead Book 146, pa 325.
325.
Reservation of oil, gas,
and other minerals as con-
tained in deed from Noel M.
Turner and Junta N. Turner
to L. A. Brock dated Sept. 2,
1949, and recorded in Deed
Book 146, page 295 and In
deed from Lewis A. Brock
and Aubrey C. Brock to
James Thomson dated Sep-
tember 8, 1949, and recorded
In Deed Book 146, page 325.
Subdivision Regulations
as set forth in instrument by
the Orange Beach Planningg
Commission, dated Julyy 2,
1991, and recorded In f#Ilsc.
Book 71, page 829.
WHEREAS, the owner of
the said pro arty is Deborah
Finney Yessick, and
WHEREAS, default has
been made in the payment
when due of fees, dues, as-
sessments, and other lawful
charges on the above de-
scribed condominium unit
owed the above -named as-
sociation, and
WHEREAS, according to
certain provisions of Title 35,
Code of Alabama 1975, as
amended, and the Declara-
tion of Condominium and By
Laws of the above -named
association, the said asso.
ciation is authorized to bring
action to foreclose the lien,
and
WHEREAS, the said de-
fault having continued and
still remaining uncorrected,
The Seascape Condominium
Owners Association, Inc.
hereby gives notice that pur-
suant to the aforesaid power
and authority, it will sell the
above described property at
Coutcry to the highest
bidder for cash, at the front
(southern entrance) door of
the Courthouse of Baldwin
County, Alabama, within the
legal hours of sale, on Mon-
dey, August 23,1999.
Said sale will be made for
the purpose of paying the
debts and obligation owned
the said association, and any
other lawful and duly recor-
ded mortgage or Ilan against
the sold property, and the
costs and expenses of fore-
closure, including a
reasonable attorney's fee.
C. Bennett McRae
Attorney for
Seascape Condominium
Owners Association, Inc.
C. Bennett McRae
Craven, Wood & McRae, LLP
Attorneys at Law
Post Office Box 2136
Gulf Shores, Alabama 36547
Tel. 334-968-7211
Fax 334-968-4837
0-7-17-24.31;8-7
NOTICE OF SALE
Abandoned 88 Pontiac
L e in a n s; V I N
KL2T1U516XJB303858; sale
date: 8-10-90; by WIII Moore,
12245 Holly St., P. O. Box
171 Magnolia Spprrings, AL
36'i55, 965-6414; last
owner's name: unknown.
0-7-24-31
NOTICE OF SALE
Abandoned 1987 Ford
A9ro9tar, VIN 8
1FMCA11U3HZB33050; sale
date: 8-17-99, by Theresa A.
Mob*, 63 Grimes Lane, Lox -
ley, AL; last owner's name:
unknown.
0-7-31;8-7
NOTICE OF SALE
Azalea Avenue Self Stor-
age, L.L.C., 114 East Azalea
Avenue, Foley, AL 36535,
334-971-1717 pursuant to the
"Self -Service Storage Act"
(Acts 1981, No. 81-769, p.
1321, 1.) Hereby gives notice
of sale to pay past due rent
and other charges said act to
wit:
Unit E26, Steve Boyington,
dba By the Bay Drywall, 600
Marigold St., Foley, AL
36535. If not redeemed by
tenant, sale will be to highest
bidder (low bids may be re-
jected) at the above address
of Azalea Avenue Self Stor-
age, L.L.C. at 11:00 a.m. on
August 14, 1999. Contents
described as shestrock.
0-7-31;8-7
NOTICE OF SALE
Abandoned 1986 Chevy
Monte Carlo, VIN 8
1 G1 GZ37Z7GR171255 will be
sold Aug. 17, 1999, by Ala-
bama's Flnest, 229M Hwy.
28, Foley, AL. Last owners
name: unknown.
0-7-31;8.7
IN THE CIRCUIT COURT
FOR BALDWIN COUNTY,
ALABAMA
CASE NO. CV-1999-399
CASEV BENJAMIN
KYSER, a minor,
suing herein through
his father and next
friend, KEITH KYSER,
Plaintiff,
vs.
JAMES A. BLACK
Defendant.
NOTICE OF CIVIL ACTION
JAMES A. BLACK, whose
whereabouts are unknown,
must answer KEITH
KYSER's, father and next
friend of CASEY BENJAMIN
KYSER, complaint by Sept.
13, 1999, or a judgment by
default may be rendered
against the defeno..:' the
Case Number CV-199tr-399,
Circuit Court of Baldwin
County, Alabama.
DONE this the 9th day of
July, 1999.
JACKIE N. CALHOUN
CLERK
BALDWIN COUNTY
CIRCUIT COURT
0-7-24-31;8-7-14